China Lawyer Blog

China Trademark Agent

A trademark agent (alternatively trademark attorney) is a person who is qualified to act in matters involving trademark law and practice and provide legal advice on trade mark and design matters.

As experienced trademark lawyer, our responsibilities include advising on the adoption and selection of new trademarks; filing and prosecuting applications to register trademarks; advising on the use and registration of trademarks; handling trademark oppositions, revocations, invalidations and assignments; carry out searches; and advising on trademark infringement matters.

Great ideas are at the heart of any successful business. Whether it’s your brand, a new design, a completely new product or the evolution of your existing products, your intellectual property gives you key advantages over the competition. Managed properly, it can secure the long-term prosperity of your business. Today, this is more so than ever.

To be a good China litigator is not easy, but it's definitely rewarding.

To be a good China litigator, not only do you have to have a sound understanding of Chinese law, but you need to be able to apply your knowledge to the commercial realities of the situation and come up with a strategy, which you will then need to communicate clearly and effectively to clients. Good communication and drafting skills are also vital when working with counsels and witnesses to prepare your client’s case and when dealing with the other side.

An exciting and key role for the solicitor in litigation is to play the detective. To build your client’s case, you need to spot the strengths in your own evidence and the weaknesses in the other side’s case, often hidden amongst large quantities of documents. A forensic eye and attention to detail are therefore important attributes, as is the ability to step back from the detail and see the overall game plan.

Finally, being organised will help you to keep on top of your caseload as there are often a lot of elements of a case to juggle at the same time and you are likely to be handling a number of matters simultaneously, all with differing issues and deadlines.

To be a good China litigator is not easy, but it's definitely rewarding.

There is no such thing as a ‘typical day’ in litigation and in fact, it is the variety of the work that makes it such an attractive option. There is also plenty of scope to be given responsibility for aspects of a case, or even a whole matter, right from the start. In any one day you might be working on several different cases, all at varying stages of the litigation process. You might be attending court or a conference with counsel, meeting a client for the first time to discuss a new matter or a witness to go through their evidence; you might be reviewing documents to find a ‘smoking gun’ or drafting a settlement proposal to the other side.

Foreign Nationals Divorce in China - A Brief Q&A

There are many foreign nationals marry Chinese ladies. Unfortunately, a significant percent of the cross-culture marriage end up in divorce. The exact percentage is unclear, but I do receive many divorce inquiries from other nations every month. Below is a brief summary of foreign related divorce in China.

My marriage is registered in China. Can I divorce in China?

Yes, you can.

My marriage is registered in a foreign country other than China. Can I divorce in China?

Yes, you can.

If my wife refuses to divorce, Can I divorce in China?

Yes, you can. But you can only divorce through court proceedings.

How can I get divorce in China?

Either through divorce registry or through court proceedings. If both parties agree, divorce through divorce registry is the simplest way. Through court is also possible for agreed upon divorce. If either party disagree, court proceeding is the only way.

How long it takes to divorce in China?

Divorce in the marriage registry is an onsite thing and you get divorce certificate instantly. The time period for divorce in court varies. Non-contested divorce in court takes around one week or two. Contested divorce in court can take one year or two.

China Trade Secret Protection and Non-Disclosure Agreement

This is a sample Heading 1. Lorem ipsum. You absolutely need your Chinese supplier to sign a NDA or CDA before you disclose your trade secret to them. Are you wondering what a trade secret is? Do you have an idea or information that you believe is valuable to your business and would you like to ensure that nobody knows it? Have you received a letter stating that you have "misappropriated a trade secret"? If the answer is "yes" to any of these questions, then keep reading for more information about trade secrets!

What is a trade secret?

A legal trade secret is information (i.e., a formula, pattern, physical device, or process) that has two characteristics: (1) the information must be a "secret" (i.e., not generally known or readily ascertainable) that provides your business with a competitive advantage; and (2) the creator of the information must take steps to keep the information secret or confidential.

China Intellectual Property Protection - Trade Secret Or Patent?

Trade secret law in China is not as strong as patent law. As experienced China trade secret lawyer, we experienced many cases that the court even is reluctant to accept appropriation of trade secret case. However, You can establish a trade secret overnight, but not a patent. A patent takes longer. And, even if you could, would it really provide much protection against copying by distributors, retailers, developers, or investors? Here's a surprisingly useful answer.

A trade secret has some big advantages. It is effective against anyone you have direct dealings with. The damages for a trade secret violation are not limited to direct damages – they can be large enough to justify legal action against even a small or token violation. This is very unlike a patent, where it is necessary to show actual, direct damages; those damages tend to be somewhat small; and where it can be quite difficult to obtain punitive damages.

So, why isn't there a “trade secret” office? And, why doesn't everyone go after a trade secret first, instead of a patent? Excellent questions. A patent protects your invention after it is no longer secret, and it affects strangers who may innocently infringe patent rights. So, a patent is very worthwhile, once you've gotten a good start. But until then, all you really have going for you are your trade secret rights.

We are affordable China patent lawyers and we try to keep your costs as low as possible, and as affordable as possible. We provide flat fee estimates in advance, at no charge to you. In the simplest cases, where the invention is easy to describe or show in a few figures of drawing, patent application can be prepared for as little as RMB3,500, with a government filing fee of RMB900 for one piece of patent.

The formal drawings, if needed, can usually be obtained for less than RMB150 per sheet. One sheet might have several figures on it, depending on the complexity of the invention, thus saving money. If the patent application is granted, the government charges an issue fee of RMB900 and publication fee of RMB300. A service charge of RMB200 is added for attending to preparing and filing the Issue Fee Transmittal.

The China patent Office examines the patent application and finds any relevant prior art. If the prior art is sufficiently close, they will make a rejection. A response can be filed, usually at a cover of RMB350 to RMB450. Every case is different; some are allowed without needing such an amendment or response. In some cases, a further response is necessary or desirable, and the cost is normally somewhat less than RMB950.

China Divorce Law and Practice

We handled a lot of divorce cases where foreign nationals divorcing their Chinese wife. It is not easy, but it is always doable, as long as several requirements are met. We are experienced China divorce lawyer you can rely on. Below we interpret latest divorce legislation in China for your reference.

The Supreme People's Court (SPC) of the People's Republic of China (PRC) issued its third interpretation on the application of the country's Marriage Law on August 9, 2011. Interpretation (III) took effect on August 13. Interpretation (III) addresses a number of marital property issues, among them the following.

•The Interpretation states that immovable property purchased by a spouse's parents for that spouse during a couple's marriage, if the property right is registered in the recipient spouse's name, may be deemed a gift to that spouse under article 18, item 3, of the Marriage Law [on inherited or gifted property that belongs to one party of a married couple], and that spouse's separate property. In the case of immovable property purchased by the parents of both spouses, where the property right is registered under the name of one spouse, the immovable property may be regarded as community property according to the share of the contribution made by each spouse's parents, unless otherwise agreed upon by the spouses.

Divorce In China Is More Difficult If Either Spouse Is Foreign National Or Exapt

As China divorce lawyer, we handle many divorce cases involving foreign nationals or expats. Generally speaking, there are two channels to get divorced: registration procedure and court procedure.

Divorce is a simple process in China if both parties are Chinese citizens, or at least one patty is a Chinese citizen and their marriage is registered in China, and they agree to the divorce and there are no children involved. The couple can walk into the marriage registration office with their marriage books and their hukous and be divorced the same day.

Under the following situation, you have to go to the court for divorce: 1. The divorce is against the will of either spouse; 2. There is dispute over the custody on the Children or on distribution of property; 3. One party is a foreigner and the marriage is not registered in China; 4. In other situations where there is no marriage registration office to accept the divorce application.

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The law blog is running by a China lawyer working for a full-service law firm, offering practical, results-driven advice on employment law, divorce, company law, and other legal issues. Our goal is to manage these issues effectively so that our clients can focus on what they could do best.

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Peter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.